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Cross-examination in the Federal Circuit and Family Court

This information can help you if:

  • You are a party to proceedings in the Federal Circuit and Family Court of Australia (applicant or respondent)
  • the Court has said that you cannot cross-examine the other party to the proceedings
  • you do not have a lawyer.
What is cross-examination?

Cross-examination means asking someone questions while they give evidence in court. Giving evidence means telling the court under oath about what happened or what they know. This usually happens in a final hearing (trial). 

Why do I need a lawyer for cross-examination?

If it appears that there may have been family violence between parties to the proceeding, the Court can say that the parties cannot personally cross-examine each other.  This is to avoid further trauma and keep everyone safe.

If so, you cannot cross-examine the other party; only a lawyer representing you can cross-examine them.

In such a case, the Court will issue an order that says section 102NA(2) of the Family Law Act 1975 applies. You will receive a copy of the order and the court will send a copy of the order to Legal Aid NT.

How can I get a lawyer for cross-examination?

You can hire a private lawyer and pay them for their services. For more information about how to find a lawyer, visit the NT government page How to find a private lawyer. 

You may be eligible for legal assistance from Legal Aid NT under a grant of legal aid.  This assistance is subject to a means and merit test.  To find out if you are eligible you can start with a free legal advice appointment by contacting the Legal Aid NT Helpline on 1800 019 343 .

Alternatively, if you do not have a lawyer, you can ask Legal Aid NT to get a lawyer for you under the Commonwealth Family Violence Cross-Examination Scheme. This is a free legal service and can be provided even if you are not eligible for any other legal help from us.

To apply for a lawyer under the scheme:
  1. Complete the application form
  2. Attach a copy of any court orders listing your case for final hearing
  1. Email the form and orders to grants@legalaid.nt.gov.au or post it to:

Grants and Assignments section
Legal Aid NT
Locked Bag 11

Darwin NT

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